CHINTU MALHOTRA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226/227 of the Constitution of India, challenging the order passed by the respondent on 19.11.2009, thereby rejecting the request of the petitioner for grant of parole.

(2.) THE petitioner was convicted under Section 364 and 302 of IPC read with Section 34 thereof, vide judgment and the appeal filed dismissed by the Division Bench on 11.5.2009. The petitioner applied to the Government for grant of parole on the ground that he wanted to file Special Leave Petition before the Hon'ble Supreme Court, against dismissal of his appeal by this Court. The request of the petitioner for grant of parole was rejected on the following grounds:

(3.) A perusal of the status report filed by the respondent shows that the father of the petitioner is aged 56 years whereas his mother is aged 54 years. The father is selling vegetables as a hawker. The petitioner is stated to be unmarried. I fail to appreciate on what basis the Government comes to the conclusion that the parents of the petitioner cannot have any control over his activities. In any case, suitable directions can be given to ensure that while on parole, the petitioner does not indulge in any unlawful activities. The address of the petitioner where his parents are presently residing stands verified. Therefore, in my view, it was not open to the respondent to deny parole on the flimsy ground that parents of the petitioner do not have control over his activities.